These Terms of Service ("Terms") govern your access to and use of the services provided by Toga Performance, Inc., a Delaware corporation registered in New York ("Toga," "we," "us," or "our"), including the Toga mobile application and any related services (collectively, the "Services").
BY DOWNLOADING, ACCESSING, OR USING THE SERVICES, YOU AGREE TO THESE TERMS. If you do not agree, do not use the Services.
Contact: support@togaperformance.com
1. Eligibility
You must be at least 18 years old to access or use the Services. By using the Services, you confirm that you have the legal capacity to enter into this agreement.
2. Health & Safety Disclaimer
The Services provide fitness and wellness coaching and educational information, including running training plans, strength routines, and injury prevention education.
TOGA IS NOT A MEDICAL PROVIDER and does not provide medical advice, diagnosis, or treatment. You should:
- Consult a healthcare professional about any medical conditions before starting a training program
- Stop exercising and seek medical care immediately if you experience serious symptoms such as chest pain, dizziness, or shortness of breath
- Understand that physical activity carries inherent risks of injury, illness, or death
AI coaching outputs are for general informational and coaching purposes only and should not be relied upon as medical advice.
3. User Accounts
You must provide accurate information when creating an account and maintain the confidentiality of your login credentials. You are responsible for all activity that occurs under your account.
4. Permissions & Health Data
Certain features may require device permissions (location, fitness data, Apple Health) or health inputs such as injury location and pain scores. You can manage these permissions in your device settings at any time.
5. Billing & Subscriptions
- Payment processing is handled by the Apple App Store
- Subscriptions auto-renew unless cancelled through your Apple settings
- Refunds are managed by Apple on a case-by-case basis
6. Third-Party Integrations
The Services integrate with third-party platforms including Strava, Garmin, Apple Health, Polar, TrainingPeaks, Final Surge, and COROS. Toga is not responsible for the availability, accuracy, or functionality of third-party services.
7. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose
- Reverse engineer, decompile, or disassemble any part of the Services
- Scrape, harvest, or extract data from the Services
- Attempt to bypass or circumvent security measures
- Upload malicious content or interfere with the operation of the Services
8. User Content & Feedback
You retain ownership of content you submit to the Services. By submitting content, you grant Toga a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and use such content for the purpose of operating and improving the Services.
9. Intellectual Property
All content, features, and functionality of the Services are owned by Toga or its licensors. You receive a limited, personal, non-transferable, non-exclusive license to use the Services for personal, non-commercial purposes only.
10. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TOGA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability
TOGA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO TOGA IN THE PRECEDING 12 MONTHS.
12. Indemnification
You agree to indemnify and hold harmless Toga and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.
13. Termination
You may discontinue use of the Services at any time. Toga may suspend or terminate your access for violation of these Terms or if we discontinue the Services.
14. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes. Your continued use of the Services after changes constitutes acceptance of the updated Terms.
15. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of New York. Any disputes shall be resolved in the courts located in New York County, New York.
16. Contact
Questions about these Terms? Contact us at support@togaperformance.com